Legality And Legitimacy

The discourse of rights is a public topic today, especially in an era of rapid change. It is very important for us to understand the nature of the rights and maintain the integrity and development of individuals because this question is related to our quality of life and the development of society. In the context of modern society in china, the overall situation of individual rights, vulnerability, is embodied in the acquisition and loss of political rights.As a disqualification in the criminal system, disfranchisement is influenced by both the history of legislation since 1949 and foreign criminal theory. In this situation, it will take on two characteristics:first, it is affected by the problems left over by history, so that it leads us to question the legality and legitimacy of this system; Secondary, it is affected by more and more universal values in the era of globalization. This is precisely to help us from a more open vision to recognize the legality and legitimacy of disfranchisement.In fact, the political right is a kind of right in nature, and human dignity and elegance is the foundation of the rights. Significantly human dignity is not just a matter of abstract concept; it put forward the basic requirements of our engagement and social activities in the context of globalization, that is, tolerance and consensus. In addition, the human dignity is not absolute; we must note the relationship in society between us. Thus, the human dignity is inherent in the communicative actions, and the rights can only be realized in the interactions.Human dignity means that people should be exercised in a rational will and lives under the domination of self-determination, which is also the responsibility and rights of individual. The abuse of rights is not mere a harm to others, but also a disparagement to the worth of ourselves; the system of disfranchisement does not conflict with human dignity. However, for the same reason, we believe the law should be minimizing the impact of people on political rights.it is proper with a legitimate reason to restrict the civil and political rights only when a crime has been threaten to the existence of political community, the and in a minimum content, the right to vote and the right to be elected. So, our legal system and even the society we live must be full of the spirit of tolerance from cognition to communication.